N.M. Code R. § 20.11.4.153 Applicability Analysis
Library | New Mexico Administrative Code |
Edition | 2023 |
Currency | Current through Register Vol. 34, No. 21, November7, 2023 |
Citation | N.M. Code R. § 20.11.4.153 |
Year | 2023 |
A. Conformity determinations for federal actions related to transportation plans, programs, and projects developed, funded, or approved under Title 23 U.S.C. or 49 U.S.C. Chapter 53 must meet the procedures and criteria of 40 CFR Part 51, Subpart T, in lieu of the procedures set forth in 20.11.4 NMAC.
B. For federal actions not covered by Subsection A of 20.11.4.153 NMAC, a conformity determination is required for each criteria pollutant or precursor where the total of direct and indirect emissions in a nonattainment or maintenance area caused by a federal action would equal or exceed any of the rates in Paragraph (1) or (2) of Subsection B of 20.11.4.153 NMAC.
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(1) For purposes of
Subsection B of 20.11.4.153 NMAC, the following rates apply in nonattainment
areas
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(2)
For the purposes of Subsection B of 20.11.4.153 NMAC, the following rates apply
in maintenance areas
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C. The requirements of 20.11.4 NMAC shall not apply to the following federal actions:
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(1)
actions where the total of direct and indirect emissions are below the
emissions...
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